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Zyprexa update: New York Times Dragged In?

Yesterday, we had a new development in the ongoing fight over the release of incriminating internal Eli Lilly documents relating to their top-selling drug, Zyprexa (background here: 1, 2, 3). In an "order and invitation" issued yesterday, Judge Weinstein has "invited" Alex Berenson, the New York Times reporter who broke the Zyprexa documents story, to appear in court "to explain the circumstances of his obtaining documents sealed by the court."

This development does not change anything for EFF's client, a contributor to zyprexa.pbwiki.com, or for the other websites (MindFreedom and AHRP) that have been enjoined by the court. Because they were not involved in the initial disclosure of the documents, the ongoing injunction against them still constitutes a prior restraint in violation of the First Amendment, whatever the New York Times may or may not have done.